Maddison v Qualtime Association Inc

Case [2010] FMCA 25


FEDERAL MAGISTRATES COURT OF AUSTRALIA

MADDISON v QUALTIME ASSOCIATION INC [2010] FMCA 25

PRACTICE AND PROCEDURE – Discontinuance – Jurisdiction to permit setting aside of Notice of Discontinuance.

PRACTICE AND PROCEDURE – Discontinuance – Discretion to permit Notices of Discontinuance to be set aside.

PRACTICE AND PROCEDURE – Jurisdiction of the court – whether Federal Magistrates Court has inherent or incidental jurisdiction.

Federal Magistrates Act1999, ss.3, 15
Federal Magistrates Court Rules 2001, rr.1.03, 1.06, 11.08, 11.11, 13.01, 16.05
Family Law Act1975, s.21
Federal Court of Australia Act1976, ss.5, 23
Commonwealth Electoral Act1918, s.93(8)
Australian Health Insurance Association Limited v Esso Australia Pty Ltd (1993) 116 ALR 253
Parsons v Martin (1984) 5 FCR 235
DJL v Central Authority (2000) 201 CLR 226
CDJ v VAJ (1998) 197 CLR 172
Re Macks; ex parte Saint (2000) 204 CLR 158
Hunter v Leahy (1999) 91 FCR 214
VTAG v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 141 FCR 291
SZEHH v Minister for Immigration [2005] FMCA 1692
Applicant A26 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1050
Applicant NACT of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 316
SZIHB v Minister for Immigration [2006] FMCA 472
Applicant NACT of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs
Applicant NACU of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1444
SZFOZ v Minister for Immigration and Citizenship [2007] FCA 1137
Christodoulou v Disney Enterprises Inc [2006] FCAFC 183
Bailey v Marinoff (1971) 125 CLR 529
Permanent Trustee Co (Canberra) Ltd (as executor of Estate of Andrews) v Stocks & Holdings (Canberra) Pty Ltd (1976) 15 ACTR 45
Tresize v National Australia Bank Ltd (1994) 50 FCR 134
Deputy Commissioner of Taxation v Chamberlain (1990) 26 FCR 221
D’Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1
R v Burrell [2008] 248 ALR
Re The Kronprinz (1887) 12 App Cas 256
Ninatoca Pty Ltd ATF The Fagence Investment Trust & Anor v Kovari Professional Pty Ltd ATF The Kovari Professional Trust & Ors [2008] FMCA 947
Taylor v Johnson (1983) 151 CLR 422
L v Human Rights and Equal Opportunity Commission [2006] FCAFC 114
Applicant: FELICITY DEIRDRE MADDISON AS LITIGATION GUARDIAN FOR JACQUELINE ELAINE MADDISON
Respondent: QUALTIME ASSOCIATION INC
File Number: BRG 1038 of 2007

AND

Applicant: FELICITY DEIRDRE MADDISON AS LITIGATION GUARDIAN FOR DAVID JOHN MADDISON
Respondent: QUALTIME ASSOCIATION INC
File Number: BRG 1039 of 2007
Judgment of: Wilson FM
Hearing date: 24 July 2009
Date of Last Submission: 3 August 2009
Delivered at: Brisbane
Delivered on: 22 January 2010

REPRESENTATION

Counsel for the Applicant: Mr Pratt
Pro Bono Solicitors for the Applicants: Clayton Utz
Counsel for the Respondent: Mr Liddy
Solicitors for the Respondent: Thynne & Macartney

ORDERS

  1. The application in a case filed 15 May 2009 is dismissed.

  2. The applicant is to pay the respondent’s costs to be taxed if not agreed.

FEDERAL…

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AGLC
Maddison v Qualtime Association Inc [2010] FMCA 25
Case
[2010] FMCA 25
Decision Date

CaseChat Overview and Summary

The Federal Magistrates Court heard an application in the matter of Maddison v Qualtime Association Inc, where the applicant sought to set aside a Notice of Discontinuance. The applicant, Maddison, had originally filed a case on 15 May 2009, which was subsequently discontinued. The respondent, Qualtime Association Inc, argued that the Federal Magistrates Court lacked jurisdiction to set aside the Notice of Discontinuance. The central issue before the court was whether the Federal Magistrates Court possessed the inherent or incidental jurisdiction to permit the setting aside of a Notice of Discontinuance and whether it had the discretion to do so.

The court considered the nature of the jurisdiction of the Federal Magistrates Court and whether it included the power to set aside a Notice of Discontinuance. It examined previous case law and the principles governing the court's inherent and incidental jurisdiction. The court concluded that the Federal Magistrates Court did not have the inherent or incidental jurisdiction to permit the setting aside of a Notice of Discontinuance. The court emphasised that such a power was not part of the court's inherent or incidental jurisdiction, as it was not necessary for the administration of justice or to prevent an abuse of process. The court also noted that the discretion to set aside a Notice of Discontinuance was not a matter for the Federal Magistrates Court but rather for the higher courts.

In light of the above, the court dismissed the application to set aside the Notice of Discontinuance. It held that the Federal Magistrates Court did not have the jurisdiction to permit such an action. The applicant was ordered to pay the respondent's costs, to be taxed if not agreed.

Orders

Orders of the court

1.

The application in a case filed 15 May 2009 is dismissed.

2.

The applicant is to pay the respondent’s costs to be taxed if not agreed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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